15 July 2024

Search Results for Tag : Testimony


Absence of injury cannot cast doubt on rape victim’s claim(23.05.2016)

In criminal proceedings against a charge of rape, absence of injury on the body of the accused or the prosecutrix does not render her version of event.....

Tags : rape, injury, medical examination, veracity, testimony


Injured witness’s testimony to not be accepted without scrutiny(03.06.2016)

The Supreme Court cautioned that though an injured witness was “generally reliable”, nonetheless his or her testimony should still be subjected to scr.....

Tags : assault, victim, testimony, scrutiny, contradiction


A related witness cannot be said to be an 'interested' witness merely by virtue of being a relative of victim(19.02.2019)

Present appeal is presented by the convicted Accused against the concurrent judgments of conviction and sentence passed by the Additional Sessions Jud.....

Tags : Conviction, Testimony, Eye-witnesses, Validity


Sole testimony of victim is sufficient to record conviction in offence of rape(01.02.2019)

Present appeal is preferred against the judgment passed by Additional Sessions Judge, by which learned Trial Judge has convicted and sentenced the acc.....

Tags : Conviction, Victim, Testimony


Minor Contradictions cannot be the basis to discredit witnesses' testimony(26.03.2021)

Present appeal is filed by the accused aggrieved by the judgment and order of conviction and sentence in Criminal Appeal passed by the High Court. Cas.....

Tags : Conviction, Testimony, Witnesses


Courts empowered to determine if court-martial conducted in accordance with law(14.09.2015)

High Courts cannot re-appreciate findings of court-martial, they can however interfere if findings reached are perverse. In a case where an Army Sepoy.....

Tags : Army, court martial, evidence, testimony


Court accepts rape victim’s uncorroborated testimony(16.09.2015)

In case involving rape, where the treating doctor had not been examined by the prosecution, the Court held that the testimony of the victim was wholly.....

Tags : Rape, testimony, uncorroborated


Testimony of sole witness can be relied upon in cases of mob violence(29.09.2015)

Deliberating on whether the principle espoused in Masalti v. State of U.P. would require consistent testimonies of more than one witness in cases invo.....

Tags : Mob, unlawful, sole, witness, testimony


Court cannot rely on unreliable witness to convict one and acquit another(03.03.2016)

An undependable and unreliable witness’s testimony cannot be split to grant benefit to some co-accused in the crime, while maintaining conviction of a.....

Tags : Unreliable witness, split testimony, acquittal


Bombay High Court quashes unsubstantiated externment order(21.06.2016)

The Bombay High Court quashed an order of externment - excluding a person from a city or district - against an accused for procedural insufficiencies .....

Tags : externment, witness intimidation, in-camera testimony



Hyderabad HC Upholds Family Court Decision Allowing Use of Skype to Record Testimony(07.11.2016)

Hyderabad High Court while upholding a Khammam Family Court decision that allowed use of Skype to record statement of a spouse working in US, has said.....

Tags : Hyderabad High Court, Family Court, Skype, Testimony, US


SC: Testimony of a Wholly Unreliable Witness Cannot be Relied Upon for Conviction(08.06.2022)

Supreme Court has held that if the Court finds that a witness is wholly unreliable, neither conviction nor acquittal can be based on the testimony.

Tags : Supreme Court, Testimony, Unreliable


Kerala HC: No One Would Level False Rape Allegations in Conservative Society Like India(02.09.2022)

Kerala High Court while reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, has held that in conservative.....

Tags : Kerala High Court, False Allegation, Sole Testimony


SC: Conviction Can Be Based on Sole Testimony of Victim If Reliable and Trustworthy(19.10.2020)

Supreme Court has reiterated that there can be a conviction based on the sole testimony of the sexual assault victim if she is found to be reliable an.....

Tags : Supreme Court, Conviction Based on Testimony of Victim


CRIMINAL - Merely Part of Witness Testimony was Found False, Entire Testimony can't Be Discarded: SC(22.02.2019)

Supreme Court has held that entire testimony of witnesses cannot be discarded only because, in certain aspects, part of the statement has not been bel.....

Tags : Supreme Court, Witness Testimony


CRIMINAL - Entire Testimony can't be Discarded Merely Because Part of Witness Testimony was Found False: SC(22.02.2019)

Supreme Court has held that entire testimony of witnesses cannot be discarded only because, in certain aspects, part of the statement has not been bel.....

Tags : Supreme Court, Witness Testimony


Allahabad HC: Testimony of Interested Witness Should be Taken After Careful Scrutiny(11.03.2021)

Allahabad High Court has held that the testimony of an interested witness, though admissible, should be accepted by the Court after a careful scrutiny.....

Tags : Allahabad High Court, Testimony of Interested Witness


Meghalaya HC: Victim's Sole Testimony if Found Reliable Can Be Used to Decide Case for Conviction(09.02.2023)

Meghalaya High Court has held that statement of victim girl in POSCO case has a telling effect with regard to the fate of the criminal case as the sol.....

Tags : Meghalaya High Court, POCSO, Sole Testimony, Conviction


Sole Testimony of Prosecutrix can be Ground for Conviction: Delhi HC(30.04.2019)

Delhi High Court has reiterated that the sole testimony of the prosecutrix if found reliable, can be the sole ground for convicting the accused and al.....

Tags : Delhi High Court, Sole Testimony of Prosecutrix


Madras HC: Accused Can be Convicted Under POCSO Act Solely on Testimony of Victim Child(27.10.2021)

Madras High Court has reiterated that an accused can be convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012 solely based.....

Tags : Madras High Court, Testimony of Victim Child


Kerala HC: Vague Statement in Victim's Testimony with No Indication of Penetration Not Rape(16.12.2021)

Kerala High Court has observed that a statement from the victim that the accused hugged her with no indication of penetration would not attract the of.....

Tags : Kerala High Court, Vague Statement in Victim's Testimony


Bombay HC Confirms Conviction of Husband Based on Minor Daughter’s Testimony(22.02.2016)

Bombay HC confirmed a Sessions court order that had sentenced a man to life imprisonment for murdering his wife, based on his minor daughter’s testimo.....

Tags : Bombay HC, minor daughter’s testimony


SC Discharges Murder Accused on Grounds of ‘Natural Death as Per Post-Mortem Report’(19.01.2024)

Supreme Court while discharging accused for a murder on the basis of Post-Mortem Report has held that the expert testimony of the doctor who performed.....

Tags : Supreme Court, Post-Mortem Report, Expert Testimony


Delhi High Court: Step-Father Acquitted on Ground of Victim’s Testimony Being Tutored(14.03.2024)

Del. HC while acquitting a step-father who was earlier convicted under Protection of Children from Sexual Offences Act, 2012, has stated that victim’s.....

Tags : Delhi High Court, Testimony, POCSO


SC: Courts Should Strike Balance Between Testimony of ‘Injured Witness’ and ‘Interested Witness’(20.03.2024)

Supreme Court has held that it is a well-established principle of law that the evidence of an injured witness is considered to be on a higher pedestal.....

Tags : Supreme Court, Injured Witness, Interested Witness, Testimony


Calcutta HC: Testimony of Sole Eyewitness Cannot be Ignored on Unreliability(03.02.2022)

Calcutta High Court has held that the testimony of a sole eyewitness with respect to an accused cannot be ignored solely because her evidence with res.....

Tags : Calcutta High Court, Testimony of Sole Eyewitness


Delhi HC: Trial Court Judges Should Remain Sensitive During Child’s Testimony(08.08.2016)

Delhi HC has said that trial court judges are expected to “remain sensitive” while recording statements of children and required to take active part w.....

Tags : Delhi HC , Child’s Testimony


Allahabad HC: Co-Accused Cannot be Convicted if Main Accused Acquitted After Examination(31.03.2022)

Allahabad High Court has held that in view of the testimony of witnesses if one accused is acquitted, no criminal proceeding can be sustained against .....

Tags : Allahabad High Court, testimony of witnesses, criminal proceeding


Rajasthan HC: Prosecution Not Required to Seek Corroboration Where Ocular Testimony is Convincing(21.04.2022)

Rajasthan High Court has held that it is a well settled principle of criminal jurisprudence that in a case of murder, where ocular testimony is credib.....

Tags : Rajasthan High Court, criminal jurisprudence, ocular testimony, corroboration